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S.M. Ahsan Kabir Vs. Election Appellate Tribunal (Upazilla Election Parishad) and others, 2010, 39 CLC (HCD)

.... S.M. Ahsan Kabir……………Petitioner Vs. Election Appellate Tribunal (Upazilla Election Parishad) and others……………Respondents Judgment June 10, 2010. Result: The Rule is discharged. The Upazilla Parishad (Election) Rules, 1999, Rule 60 Whether the Electio......nal on conclusion of the trial of the Election Case. But there is no scope to prefer any appeal against any interlocutory order passed by the Election Tribunal…………………………..(12) Lawyers Involved: Md. Fazlur Rahman, Advocate - For the Petitioner. Riaz Uddin Khan, Advocate ..

Category: Election Law | Date: | Hits: 600

Md. Joinaul Abedin Mintu Vs. Joint District Judge, 3rd Court Tangail and others, 2010, 39 CLC (HCD)

....bedin Mintu………………………Petitioner Vs. Joint District Judge, 3rd Court Tangail and others………………………Respondents Judgment February 4, 2010. Result: The Rule is made absolute. The Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003); section 33 Afte......pplication for execution of the decree, the order of the court for issuing certificate of transfer the mortgaged property for realizing the decretal dues will be patently unlawful………….(7) Lawyers Involved: Rafiqul Islam Mehedi, Advocate - For the petitioner. Idris Khan, Advocate - ..

Category: Civil Law | Date: | Hits: 174

Azam Ali and another Vs. Akram Ali and others, 2010, 39 CLC (HCD)

....ar Hossain J Azam Ali and another………………………Petitioners Vs. Akram Ali and others………………………Opposite parties Judgment April 13, 2010. Result: The Rule is made absolute. After closer of the plaintiff witness the defendant can examine witness o......wed to adduce evidence after delivery of the judgment and decree passed by the trial Court inasmuch as that will give him an indulgence to fill up the lacuna..…………………..(14 & 16) Lawyers Involved: S.N. Goswami, Advocate with Afsana Begum, Advocate - For the petitioners. No..

Category: Procedural Law | Date: | Hits: 99

State Vs. Abdul Momin Sardar, 1998, 27 CLC (HCD)

.... AK Badrul Huq J State……………………………Petitioner Vs. Abdul Momin Sardar………………………………Opposite Party Judgment March 22, 1998. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 426 T...... of the appeal within the period of his sentence. A convict who is sentenced to imprisonment for life does not fall within the pronouncement of the Appellate Division………………………(7) Lawyers Involved: M Monsur Ali, Advocates ‑ For Appellant Opposite Party. Mushfiqur Rahman, ..

Category: Criminal Law | Date: | Hits: 87

United Mineral Water and PET Industries Ltd. Vs. Commissioner, Customs, Excise and VAT Commissionerate and others, 2007, 36 CLC (HCD)

....r and PET Industries Ltd…………..Petitioner Vs. Commissioner, Customs, Excise and VAT Commissionerate and others………………Respondents Judgment May 13, 2007. Result: The Rule is made absolute without any order as to cost. The Value Added Tax Act, 1991 ( Act No. XXII ......n cannot deny or refuse to exercise its jurisdiction under Article 102 of the Constitution to strike down such unauthorized exercise of statutory power........................................(15) Lawyers Involved: Mahmudul Islam with Md. Mizanul Haque Chowdhury, Advocates — For the Petition..

Category: Fiscal/Taxation Law | Date: | Hits: 131

Engineer Mahmudul Islam and others Vs. Government of the People's Republic of Bangladesh and others, 2002, 31 CLC (HCD)

....eer Mahmudul Islam and others..............Petitioners Vs. Government of the People's Republic of Bangladesh and others...........Respondents Judgment November 26, 2002. Result: The Rule is made absolute without any order as to costs. It is to be presumed that all actions taken......ociety, should not be interfered with by a Court of law. An act of State and an act of executive of State are not the same. A decision of the State may not be permitted to be challenged in a Court of Law but the implementation of such decision by the executive authority of the State without due dili..

Category: Others | Date: | Hits: 113

BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)

....ational Board of Revenue, Segunbagicha, Dhaka represented by its Chairman, Segunbagicha, Dhaka and another…………………………Respondents Judgment February 12, 2008. Result: The Rule is discharged. The right of appeal is a vested right. Such right cannot be said to be taken ...... Film Exchange, AIR 1960 SC 980; Essential Industries Vs. Central Board of Revenue, (1969) 21 DLR (WP) 36; Md. Jamaluddin Vs. Income Tax Tribunal, Chittagong Branch, Chittagong, (1997) 49 DLR 279. Lawyers Involved: Ms. Nahid Kabir with Md., Asaduzzaman with Md. Matiur Rahman - For the petition..

Category: Fiscal/Taxation Law | Date: | Hits: 171

Md. Abul Basher Vs. The Judge, First Artha Rin Adalat, Chittagong and others, 2008, 37 CLC (HCD)

.... Md. Abul Basher………………………Petitioner Vs. The Judge, First Artha Rin Adalat, Chittagong and others………………….Respondents Judgment May 6, 2008. Result: The Rule is discharged with observation. In order to determine the question whether the provision is......for early disposal of the Execution Case without any fault on their part……………………………..(20) Case Referred to- Khurshed Alam Vs. Judge of the Artha Rin Adalat, 12 BLC 592. Lawyers Involved: Kamalul Alam, Advocate - For the petitioner. Md. Faruk Hossain, Advocate - F..

Category: Civil Law | Date: | Hits: 136

Chairman, Bangladesh Water Development Board and others Vs. Md. Abdur Rahman and another, 2008, 37 CLC (HCD)

....Paridaptar, WAPDA Bhaban, Dhaka and others…………………Petitioners Vs. Md. Abdur Rahman and another…………………Opposite parties Judgment April 24, 2008. Result: The Rule is discharged. Jurisdiction of a Civil Court The exclusion of jurisdiction of a Civil C......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.(13) Cases Referred to- 30 DLR 219; 40 DLR (AD) 45; 50 DLR (HC) 411; 40 DLR (HC) 226; 37 DLR 49; 42 DLR 211; 43 DLR 407; 45 DLR 727; 11 MLR (HC) 99; 12 MLR (AD) 207. Lawyers Involved: Md. Joynal Abedin, Advocate - For the petitioners. Md. Khalilur Rahman, Advo..

Category: Employment/Service Law | Date: | Hits: 166

Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)

....…………Plaintiff-Appellant-Petitioner Vs. Nazmul Hoque Majumder and others…………………………Defendant-Respondent-Opposite Parties Judgment May 17, 2009. Result: The Rule is discharged. The Specific Relief Act, 1877 (Act No. I of 1877); section 54 In a suit f......Barman and others, 43 DLR (AD) 215; Khurshid Ali and others Vs. Noorjahan Bewa and others, 15 BLD (AD) 82; Hazari Bala Saha and others Vs. Niron alias Niranjan Mondal and others, 17 BLD (AD) 295. Lawyers Involved: Md. Reza-E-Morshed Kamal with Mofazzal Hossain, Md. Borhan Uddin, Advocate - Fo..

Category: Civil Law | Date: | Hits: 94

Mrs. Rokeya Begum Vs. Chartered Credit Co­operative Ltd., 2009, 38 CLC (HCD)

....egum……………………………….Petitioner Vs. Chartered Credit Co­operative Ltd…………………………………Opposite Parties Judgment June 2, 2009. Result: The Rule is discharged. If any notice is issued through registered post with AD, it can be legally p......shonoured cheques…………………………(25) Cases Referred to- Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan, 60 DLR (AD) 195; Ali Akkas Vs. Enayet Hossain and others, 17 BLD (AD) 44. Lawyers Involved: M. Sayed Ahmed - For the Petitioner.  Muhammad Mofazzal Hossain - For t..

Category: Criminal Law | Date: | Hits: 70

Sobhan Munshi Vs. State and another, 2010, 39 CLC (HCD)

....us Samad J Sobhan Munshi………………………….Petitioner Vs. The State and another……………………………Opposite parties Judgment January 7, 2010. Result: The Rule is disposed of with the modification of the sentence. Case Referred to- Jahangir Alam (M......gment January 7, 2010. Result: The Rule is disposed of with the modification of the sentence. Case Referred to- Jahangir Alam (Mohammad) alias Jakir Vs. The State, 56 DLR (AD) 217. Lawyers Involved: S.M. Abdur Rouf, Advocate - For the petitioner. Md. Ensan uddin Sheikh, Ass..

Category: Criminal Law | Date: | Hits: 81

Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)

....t No.4 tried to grab the suit land mentioned in ‘ga’ schedule. In ‘ga’ schedule land defendant Nos.5 to 22 have no title, possession or interest and before promulgation of Defense of Pakistan Rules, 1965, this lands had been in possession of plaintiff and by this time plaintiff got title by ...... and ADC (Rev), 1983 BCR 225; Md. Ashraf Ali Vs. Fatique Chandra Sana, 1983 BLD (AD) 315; Fazar Ali Tendal Vs. Fazal Miah, 12 BLD (AD) 203; Nagendra Chandra Sarker Vs. Aftabuddin, 15 BLD (AD) 135. Lawyers Involved: AJ Mohammad Ali Advocate - For the Appellant No.K (In First Appeal No.99 of 199..

Category: Property Law | Date: | Hits: 83

Mohammad Ali Vs. Sukur Ali & others, 1985, 14 CLC (HCD)

....r Rahman J Mohammad Ali……………………Infor­mant Petitioner Vs. Sukur Ali & others………………………Opposite-Parties Judgment December 3, 1985. Result: The Rule is discharged. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 339C In ...... Court Division to exercise its inherent power in a proper case and direct trial notwithstan­ding the provisions as to conclusion of trial within a specified time…………………………(5) Lawyers Involved Mahbubur Rahman, with Sharifuddin Chaklader - For the Petitioner.  Abdul..

Category: Procedural Law | Date: | Hits: 102

Intertek Testing Services International Limited and others Vs. National Board of Revenue, Dhaka & others, 2003, 32 CLC (HCD)

....rs..........................Petitioners Vs. National Board of Revenue, Dhaka & others..............................................Respondents Judgment May 25, 2003. Result: The Rules are made absolute. Cases Referred to- Oriental Bank Corporation Vs. Henry B Wright, Appe...... Cases Referred to- Oriental Bank Corporation Vs. Henry B Wright, Appeal Cases Vol. V Privy Council 842; Megh Raj Vs. Rupchand Uttam Chand through Diwan Chand, AIR 1946 Lahore (FB) 280, 281; Lawyers Involved: Dr. Kamal Hossain with Salahuddin Ahmed, Ramjan Ali Sikder and Tanjib‑ul Alam..

Category: Fiscal/Taxation Law | Date: | Hits: 119

Tabibullah and others Vs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)

.... dated 12.11.1991. E. First-defendant, Government of The People's Republic of Bangladesh having been aware of ex parte Judgment and Decree passed in Title Appeal bestowed a Petition under Order 41 Rule 21 of The Code of Civil Procedure for rehearing of the appeal. The said Petition had been numbe......atwary and others, (1986) 38 DLR AD 308; Bashir Ahmed and others Vs. Ghulam Ali and others, 1991 SCMR 1656; Babor Ali Pramanik and others Vs. Mesar Ali Pramanik and others, (1994) 14 BLD (AD) 235. Lawyers Involved: M.A. Jabbar, Advocate - For addition of opposite parties. Md. Nurul Amin wit..

Category: Property Law | Date: | Hits: 82

Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)

....J Md. Emdadul Huq J Ruhul Amin………………………..Petitioner Vs. State and another……………………….Opposite Parties Judgment October 30, 2007. Result: The Rule is discharged. Cases Referred to- M. Liaqat Hossain Vs. Vinay Prokash and another, AIR (3...... Judgment October 30, 2007. Result: The Rule is discharged. Cases Referred to- M. Liaqat Hossain Vs. Vinay Prokash and another, AIR (33) (1946) P.156; In Re Gulabchand Rupaji, Indian Law Report vol. XLIX (Bombay Series), Page-799; Md. Muslim Khan Vs. State, 38 DLR (AD) (1986), 60; J..

Category: Property Law | Date: | Hits: 122

Md. Abdul Latif and others Vs. Mohammad Ali and others, 2008, 37 CLC (HCD)

....ith Abul Kashem Sarker, Advocates - For the petitioners. Md. Khalilur Rahman, Advocate - For the opposite parties. Civil Revision No.2484 of 1999. Judgment Salma Masud Chowdhury J.- This Rule was issued calling upon the opposite parties No.1 to 19 to show cause as to why the judgment an......reasons given by the Court decision of which is under appeal would ordinarily suffice…………………………………………(10) Cases Referred to- 11 MLR (HC) 92; 34 DLR (HC) 127. Lawyers Involved: Md. Sajjad Ali Chowdhury with Abul Kashem Sarker, Advocates - For the petitione..

Category: Procedural Law | Date: | Hits: 115

Zafar Ahmed Vs. Mir Iftekharuddin & another, 2009, 38 CLC (HCD)

.... Khaled J Md. Emdadul Huq J Zafar Ahmed ……………..Petitioner Vs. Mir Iftekharuddin & another……………….Opposite Parties Judgment March 23, 2009. Result: The Rule is discharged. The Code of Criminal Procedure, 1898 (Act No. V of 1898); sections 342, 344 ......ut to be concluded under section 138 of the Negotiable Instruments Act, 1881. Cases Referred to- Noor Alam Vs. State, 7 BCR (AD) 165; AB Siddiqur Rahman Vs. AM Harunur Rashid, 3 BLT (AD) 64. Lawyers Involved  SB Bhandary, Advocate — For the Petitioner. Md. Khurshid Alam Khan wi..

Category: Procedural Law | Date: | Hits: 128

Mahbubul Alam (Md.) Vs. Bangladesh, represented by the Secretary, Ministry of Information and others, 2009, 38 CLC (HCD)

....am (Md.)………………Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Information and others…………..Respondents Judgment January 21, 2009. Result: The Rule is discharged without any order as to cost. The Constitution of Bangladesh, 1972, Articles 1......LR (AD) 111; Ferdous Ara Chowdhury Vs. Bangladesh, 4 MLR (AD) 359 = 3 BLC (AD) 213; Bangladesh Vs. Md. Faruque, 51 DLR (AD) 112; Delowar Hossain Vs. Bangladesh, 52 DLR (AD) 120 and 5 BLC (AD) 134. Lawyers Involved  Abdur Rob Chowdhury with Salauddin Dolon, Advocates — For the Petitioner..

Category: Administrative Law | Date: | Hits: 494